IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,586-01
EX PARTE JOSE MARIA CAVAZOS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2010CR5796-W1 IN THE 187TH DISTRICT COURT
FROM BEXAR COUNTY
Per curiam.
ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual
assault and sentenced to fifteen years’ imprisonment. He did not appeal his conviction.
On July 16, 2014, we denied this application. In a single ground, Applicant claimed that he
was denied his right to an appeal. Before we denied this application, Applicant filed a supplemental
application in Bexar County. We did not receive it, however, until July 21. In his supplemental
application, Applicant claims, among other things, that trial counsel advised him that if he pleaded
guilty, he would be placed on deferred adjudication probation for fifteen years.
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We now withdraw our July 16 disposition on our own motion and remand this application
for a response from counsel and findings of fact and conclusions of law. Applicant has alleged facts
that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984); Ex parte
Patterson, 993 S.W.2d 114, 115 (Tex. Crim. App. 1999). In these circumstances, additional facts
are needed. As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1960), the
trial court is the appropriate forum for findings of fact. The trial court shall order trial counsel to
respond to the above claim. The trial court may use any means set out in TEX . CODE CRIM . PROC.
art. 11.07, § 3(d).
If the trial court elects to hold a hearing, it shall determine whether Applicant is indigent.
If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an
attorney to represent him at the hearing. TEX . CODE CRIM . PROC. art. 26.04.
The trial court shall make findings of fact and conclusions of law as to whether deferred
adjudication probation was a condition of the plea agreement and whether counsel advised Applicant
that if he pleaded guilty, he would be placed on deferred adjudication probation for fifteen years.
The trial court shall also determine whether counsel’s conduct was deficient and Applicant was
prejudiced. The trial court shall also make any other findings of fact and conclusions of law that it
deems relevant and appropriate to the disposition of Applicant’s claim for habeas corpus relief.
This application will be held in abeyance until the trial court has resolved the fact issues. The
issues shall be resolved within 90 days of this order. A supplemental transcript containing all
affidavits and interrogatories or the transcription of the court reporter’s notes from any hearing or
deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall
be forwarded to this Court within 120 days of the date of this order. Any extensions of time shall
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be obtained from this Court.
Filed: March 04, 2015
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